Have you been made to suffer further due to a misdiagnosed humeral head fracture? Has the negligence of a medical professional caused avoidable health complications? If you’ve suffered preventable damages due to clinical negligence, then you might be searching for legal advice on how to make a claim.
If medical negligence has caused you avoidable damage due to a misdiagnosed humeral head fracture, then you could have grounds to claim compensation. Throughout this guide, it shall provide those that have been affected by clinical negligence with information concerning the claims process. In doing so, this guide will discuss how our panel of solicitors could be of assistance. If at any point when reading this guide you have a question, why not contact a member of our team? Here at Medical Negligence Assist, our phone lines are free to call, and our team of advisers are always happy to speak with you.
Choose A Section
- A Guide On Missed Neck Of Humerus Fracture Claims
- What Are Missed Neck Of Humerus Fractures?
- Causes Of Fractures Being Undiagnosed
- Causes Of Neck Of Humerus Fractures
- Neck Of Humerus Fracture Symptoms
- Fractured Neck Of Humerus Treatment And Diagnosis
- When Could I Claim For A Medical Misdiagnosis?
- Claims For Missed Neck Of Humerus Fractures By GP’s
- Claims For Missed Neck Of Humerus Fractures By Hospitals
- NHS Patient Rights
- Medical Misdiagnosis Claim Time Limits
- Missed Neck Of Humerus Fracture Compensation Calculator
- No Win No Fee Claims For A Missed Neck Of Humerus Fracture
- Begin A Claim
- Supporting Resources
We place a reasonable amount of trust into healthcare professionals, as they are incredibly knowledgeable, skilled, and held to a high code of ethics. This code of conduct requires all medical professionals to provide substantial care to all of their patients. But if a medical professional were to deviate from their duty of care, it could cause life-altering health implications that could have been avoided.
In the event you have been affected by medical negligence, you might consider claiming compensation. If that is the case, then this guide could be of use, as it will include beneficial information regarding personal injury claims. This guide shall also discuss how our panel of solicitors could be of assistance to those that have been affected by medical negligence. This guide will answer relevant questions, such as:
- What is a personal injury claim for compensation, and how do they work?
- Could I make an NHS negligence claim?
- What is a No Win No Fee agreement?
- What is the treatment for a fractured neck of the humerus?
- What is a personal injury claims time limit?
- How is a neck of humerus fracture examined?
After you’ve read this guide, you might have additional questions about your potential claim and how Medical Negligence Assist could support you. If so, why not contact a member of our team? Our experienced team of advisers are more than happy to speak with you.
The humerus is a long bone, the bone runs from the shoulder down to the elbow, and if you were to fracture or break your humerus, you would inventively seek medical attention. When visiting a medical professional regarding your health concern, you naturally expect to be treated both effectively and accurately. However, if a medical professional were to misdiagnose your fracture due to a breach in the duty of care, it could lead to a plethora of health complications that could have been avoided. Within the following sections, this guide will explore the causes and implications of misdiagnosis in greater length.
If a fractured neck of the humerus where to be undiagnosed or untreated, it could lead to additional complications that could’ve been avoided. Unfortunately, various reasons could contribute to a fracture going undiagnosed, such as:
- An inexperienced doctor failed to offer an X-ray.
- The medical professional took an X-ray of the wrong area.
- The X-ray results are misinterpreted or not passed onto a doctor to be examined.
It’s a medical professional’s responsibility to provide the correct treatment to their patient, and a failure to do so could lead to avoidable complications, such as:
- A delayed union (This is where a fracture takes longer to heal than average).
- Stiffness in the joints.
- Malunion (this is where the fracture does not heal in normal alignment)
- Non-Union (this is where the fracture does not heal).
High impact physical trauma is often the leading cause of a humerus fracture. However, there are numerous other causes of a neck humerus fracture, so we have outlined them in a list:
Collisions – A high energy collision that causes the body to experience blunt force trauma, such as a road traffic accident, can cause a fracture-related injury.
Twisting Motions – A fracture caused by a twisting motion is prevalent amongst athletes, as various sports require pivoting movements.
Slip, Trips, and Falls – According to the Health and Safety Executive (HSE), slips, trips and falls are often caused by one of three factors, which includes housekeeping, walkways, design & maintenance. Those that trip-over could experience a fractured humerus depending on the way the body falls.
A humerus fracture is often categorised into one of two groups that are known as a proximal fracture or a shaft fracture. A Proximal humerus fracture usually occur closer to the joint of the shoulder, whereas a humerus shaft fracture is located at the mid-section of the arm. The symptoms of a neck humerus fracture will often vary depending on the severity of the injury, but most fractures will include symptoms such as:
- Unable to move the shoulder
- A grinding sensation
- Bleeding (In severe cases)
If somebody else has suffered from a fractured humerus, you might question if there are steps you could take to support them. You should contact the emergency services immediately, and in the meantime, you could:
- Prevent the affected area from moving
- Keep the arm elevated
- Place a clean cloth or dress over any open wounds – make sure they are sterile
- If the person has entered a state of shock, lie them down
A fractured or broken bone could cause serious health implications if it isn’t treated accordingly. The NHS state that those who endure a fractured neck of the humerus will be treated with one of the following steps:
Immobilisation – Initially, the doctor will provide you with painkillers to help combat the pain, and they may also offer a splint to limit the arms mobility. Once the swelling and bruising have disappeared, you may then be provided with a fitted cast.
Reduction – In some cases, a doctor might have to put the bones back together if they are misaligned manually.
Surgery – In severe cases, a fractured humerus might need surgery to help support the healing process. This is to ensure the bone realigns correctly and is often done with metal wires, screws, rods, and plates.
Follow-up Appointments – Once you have been treated for your injury, you will visit a medical professional for follow-up appointments. This is to ensure your injury is healing correctly, and no further adjustments are required.
In order to make a claim for compensation, you must be able to provide evidence that the medical professional acted in a neglectful way. If a medical professional were to make a mistake in your diagnosis, but quickly acknowledges and corrects it (without causing additional damage), then you would not have grounds to make a claim. But if you sought the expertise of a medical professional regarding a fracture and they neglect your injury, it could lead to additional complications that could’ve been avoided. In order to make a claim of this nature, you will need to supply evidence that the damages you’ve endured are a direct repercussion of medical negligence. This is often achieved through a medical examination.
If you visit your GP with regards to a health concern, it is more than understandable to expect quality treatment. After all, GP’s are held to a code of ethics which requires them to uphold good medical practice. This ensures all doctors:
- Make the welfare of the patient the primary goal.
- Be professional and competent with their skills and knowledge.
- Establish and uphold a strong partnership with other professionals.
- Ensure the patient has trust by being honest and clear.
If a GP were to neglect their duty of care, it could cause a patient a delay in treatment or diagnosis. This could have a serious effect on the patient’s health and well-being, as their injury/illness could digress into something a lot more complex. If you visit a GP with regards to a health concern, they should provide you with a diagnosis. If a GP is unable to diagnose your injury/illness, then they are required to gain a second opinion. A failure to do so could be a breach in their obligation.
In most situations, the hospital tending to your injury will provide an outstanding level of treatment, support, and care. But if a medical professional were to deviate from their duty of care whilst tending to your injury, it could cause your fractured humerus to go untreated or wrongfully diagnosed. If this were to happen, it could cause additional complications, such as:
- Damage to the muscles, nerves and the blood vessels.
- Cause a bone infection.
- Cause Compartment Syndrome.
- Cause the bone to heal incorrectly or not at all.
If a hospital failed to act accordingly causing you avoidable harm, then you could have grounds to make a claim for compensation. For more information on how to make a claim against a hospital for their negligent actions, please contact a member of our team.
As a healthcare provider, the NHS aims to:
- Supply nationally approved treatments, medication, and support to those who need it.
- Make transparent and well-informed decisions.
- Respect a patient’s right to confidentiality.
- Uphold a high quality of care.
- Provide accessible and free healthcare to anyone that needs it.
If you suffer avoidable damages due to the negligence of an NHS medical professional, then you might consider making a claim for compensation. Here at Medical Negligence Assist, we understand that your health and well-being is of extreme importance, and an injury caused by clinical negligence is an unforeseen and ill-fated event. If you suffered avoidable damages under the supervision of an NHS professional, then you might consider making a claim for compensation. In order to make an NHS negligence claim, you must provide evidence that displays the medical professional at fault. If you can provide evidence that your broken neck of humerus deteriorated due to negligence, then a solicitor from our panel could potentially help you.
If you have endured avoidable injuries due to a misdiagnosed head of humerus fracture, then you might consider making a personal injury claim for compensation. In order to make a successful claim, you must begin the claim within the personal injury claims time limit, which is generally 3 years. A failure to begin your claim within the time limit will hinder your prospects to be awarded compensation. There are cases when the time limit could come into action at a later date. For example, if a broken neck of the humerus were to negligently go untreated, it could lead to health complications later in life. Therefore, the time limit would begin once the complications caused by a negligent clinical error are officially diagnosed.
Those that have been affected by medical negligence could be awarded damages for the suffering they’ve endured. Awarded damages are split into two separate categories that are known as General Damages and Special Damages. To begin, we shall discuss General Damages and outline what they include.
General Damages could be awarded to those that experience a degree of psychological trauma or a physical injury after a negligent event. The compensation that could be awarded will take into consideration the severity of the damages that have been inflicted. We have provided a personal injury claims calculator which should provide some clarity to those that are seeking General Damages after medical negligence. Within the table, it outlines the various amounts of compensation that could be awarded, but it is worth remembering that the compensation you could be entitled to may differ to the figures that are listed below.
|The Injury||Severity||The Amount Awarded||Injury Description|
|Shoulder Injury||Minor||£4,080 to £7,410||Shoulder injuries of this nature are often expected to cause soft tissue damage. In most cases, minor shoulder damage of this nature is expected to make a full recovery, however, there could be on going symptoms.|
|Shoulder Injury||Moderate||£7,410 to £11,980||A moderate should injury is expected to have limitations with movement, discomfort, and have more than minimal symptoms persist over two years.|
|Shoulder Injury||Serious||£11,980 to £18,020||A serious shoulder injury is expected to cause damage to the lower park of the brachial plexus, causing additional pain in the shoulder, neck, and aching in the elbow. It is also expected to cause sensory symptoms in the forearm and hand, causing a weakness of grip or a fractured humerus.|
|Shoulder Injury||Severe||£18,020 to £45,070||A severe shoulder injury is often associated with neck injured that cause damage to the brachial plexus, causing significant disability, pain, and discomfort.|
|Arm Fracture||Minor||£18,020 to £36,770||This bracket could be awarded to those that have suffered significant disabilities, but have made substantial recovery.|
|Arm Fracture||Severe||£36,770 to £56,180||Within this bracket, the affected individual would be expected to endure serious fractures in one or both forearms, causing permanent residual disability.|
When compared to General Damages, it is important to remember that Special Damages are very different. Special Damages could be awarded to those that experience a financial loss after a being affected by medical negligence. There are various losses that fall under this category, so we have listed some examples. Special damages could be awarded to compensate:
- The cost of medical expenses
- The cost of care
- Travel-related expenses
- The loss of future/potential earnings
- The loss of career prospects
If you have valid grounds to make a claim, then a solicitor from our panel could offer to handle the claim under a No Win No Fee agreement. A financial arrangement of this nature acts as a mutual contract between you (the claimant) and the solicitor, outlining the financial aspects of the claims process.
A No Win No Fee agreement reduces the threat to your finances throughout the claims process, as you will only be required to pay a fee if the claim has a successful outcome. This is referred to as a success fee, and it will be taken from the awarded settlement. By law, the fee is capped at 25%, and you and the solicitor will discuss the percentage that is taken in advance. To determine if a solicitor from our panel could handle your claim under a No Win No Fee agreement, please speak to a member of our team today.
If you have suffered due to a misdiagnosed head of humerus fracture, then you might be searching for legal support on how to make a personal injury claim? If that is the case, why not contact an adviser from our team? Here at Medical Negligence Assist, our phone lines are free to call, and our team of advisers are available 24 hours a day, 7 days a week. Our well-informed advisers would be more than happy to speak with you regarding your potential claim, as they can offer free legal advice of no obligation. Alternatively, you could enquire online, and a member of our team will review your submission and contact you at your nearest convenience.
To enquire online, please click here.
To speak with an adviser, call us on 0800 652 3087.
In addition to this guide, we have provided some supporting resources that could be of use. The resources are in connection to the theme of this guide, and we hope you’ll find them of use.
Missed Elbow Fracture Claim
How Did My Elbow Fracture Go Untreated?
Missed Nasal Fracture Claims
What Are The Complications Of An Untreated Nasal Fracture?
Medical Negligence Claim
How Long Does A Claim For Compensation Take?
Written by Michael
Edited by LisM.